§
62-201. Freight charges to be at legal rates; penalty for failure to
deliver to consignee on tender of same.

All common carriers doing
business in this State shall settle their freight charges according to the rate
stipulated in the bill of lading, provided the rate therein stipulated be in
conformity with the classifications and rates made and filed with the North
Carolina Utilities Commission in the case of intrastate shipments, by which
classifications and rates all consignees shall in all cases be entitled to
settle freight charges with such carriers; and it shall be the duty of such
common carriers to inform any consignee of the correct amount due for freight
according to such classification and rates. Upon payment or tender of the
amount due on any shipment which has arrived at its destination according to
such classification and rates, such common carrier shall deliver the freight in
question to the consignee. Any failure or refusal to comply with the provisions
hereof shall subject such carrier so failing or refusing to liability for
actual damages plus a penalty of fifty dollars ($50.00) for each such failure
or refusal, to be recovered by any consignee aggrieved by a suit in a court of
competent jurisdiction. Provided, however, that this section shall not apply to
motor carriers of passengers. (1905, c. 330, s. 1; Rev., s.
2633; C.S., s. 3518; 1933, c. 134, s. 8; 1941, c. 97, s. 5; 1963, c. 1165, s.
1.)